Use Violation Barred Rent Collection from Rent-Stabilized Tenant

February 25, 2019

LVT Number: #29940

Landlord sued to evict rent-stabilized tenant for nonpayment of rent in excess of $14,000. Tenant argued that the case should be dismissed under Multiple Dwelling Law (MDL) Section 202. A DOB inspector testified that the operation of a boxing club on the floor directly below tenant's unit violated the building's Certificate of Occupancy. Landlord argued that, since the C of O violation was commercial rather than residential, it shouldn't matter. The court disagreed and dismissed the case. MDL Section 301 barred rent collection where a nonconforming use violated the C of O.

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